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Home My WebLink About05-5291 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-S.2CfI C!.I~J...~ : CUSTODY ACTION STACEY SHIPP, PLAINTIFF v. TRENT SHIELDS, DEFENDANT COMPLAINT FOR CUSTODY 1. The P!,:,intiff is Stacey Shipp who currently resides at 491 E. Neff Street, Apt. 2, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Trent Shields who currently resides at 938 N. Franklin Street, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff seeks custody of the following child: Name Present Residence Amara Shields 491 E. Neff Street Apt. 2 Shippensburg, PA 17257 4. The child was born out of wedlock. Aqe 7 months 5. The child is presently in the custody of Stacey Shipp who resides at the address referenced above. 6. During the past 7 months, the child has resided with the following persons and at the following addresses: PERSONS Plaintiff and Plaintiff's parents Plaintiff and Defendant ADDRESSES RR3 Towanda, PA 18848 938 N. Franklin Street Chambersburg,PA 17201 491 E. Neff Street, Apt. 2 Shippensburg,PA 17257 Plaintiff DATES 01/27/2005- 03/16/2005 03/16/2005- 09/14/2005 09/14/2005- present 7. The Mother of the child is the Plaintiff. She is currently single. 8. The Father of the child is the Defendant. He is currently single. 9. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with herself and the minor child at the above referenced address. 10. The relationship of the Defendant to the child is that of Father. The defendant resides with his mother and father at the above referenced address. 11. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because mother has been the primary caregiver and has played an active and nurturing role in the development of the child and the continued relationship would be in the best interests of the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Stacey Shipp, requests the Court to grant her shared legal and primary physical custody of the child. Respectfully submitted, NEALON & GOVER, P.C. ~.1bi1 ";gJ- J es G. Nealon, III', Esquire Attorney 1.0. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 By: VERIFICATION I, STACEY SHIPP, verify that the statements made in the foregoing COMPLAINT FOR CUSTODY are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA 94904 relating to unsworn falsification to authorities. Date: q /z.v / {)5 I I ~//Jh'1f ST EY SHIPP () ~ 7( ......... t ....... :- VI - R.., C> Q ()" ...C) r c~ 1"'--:1 n ~ . C:::J -0 c: c-::"i '" C11 C/) - = -.... :L-r"1 (''') ~--(1 "C;;:. ~ -l :""71 b I -, .T J::- _1 C) , :'--,_.,',' :.:Cl -.'--;ej"n f;'? .-.,' (...J CD ~ X'{ STACEY SHIPP PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. 05-5291 CIVIL ACTION LA W TRENT SHIELDS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Thursday, Oct,,-~~r...I~()O:;....____, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manl,,-ye's,J').).!.~!at~.S.!-Slll11l'J:!i11, PA}!(j}L on ..............TlIesllllY'I'I.ov.<'llIber 22,2005 at IJ :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders. Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!:. FOR THE COURT. By: /s/ Melissa P. Greevy, Es'l'-.--_..A1L- Custody Conciliator r' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftiee. All arrangements must be made at least 72 hours prior to any hearing or business betl)re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ r $ ~mt/ ~5r;l,3/t?/ ~~ L ~ ~tX 5(/-,$/iJ/ ~ r::z~w4? -p?[) 5?;?-3/a/ ~n '-1 :H.J :(, 01 "~) C.'."Z Q 1.,;;, JUU IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY STACEY SHIPP, Civil Action - Law Plaintiff vs No. 05-5291 TRENT SHIELDS, Defendant Custody PRAECIPE TO LIST PRELIMINARY OBJECTIONS FOR ARGUMENT To the Prothonotary: Please list the above captioned matter on the next available argument list in order to dispose of Preliminary Objections to Venue filed by the Defendant. Respectfully submitted, ~aY CL ~d~~ Carol A. Redding, #82041 Attorney for Defendant Trenton L. Sheilds REDDING LAW OFFICE 19 North Main Street Chambersburg, P A 17201 (717)267 -1440 (") ~ -o~{\ f"I',_, ~'f~ 'tjJ. ; -';'t 'L :Z(.~; ':v ~:; ~ ~ ~ a ;;.:: , - q, t~ IT} :g n1.' ':In -.l'13f; .......-;...f\ ;5"(:'1 :1~rr1 o -.\ 75 :4 -0 -;J:. N .- o -- . IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY STACEY SHIPP, Civil Action - Law Plaintiff vs No. 05-5291 TRENT SHIELDS, Defendant Custody NOTICE TO PLEAD To: Stacey Shipp, by her attorney, James G. Nealon, III, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. 00)1("\ 0 n Q <2-JoL~ Carol A. Redding, #82041 -,,---",--,-- 0 Attorney for Defendant Trenton L. Shields REDDING LAW OFFICES 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY STACEY SHIPP, Civil Action - Law Plaintiff vs No. 05-5291 TRENT SHIELDS, Defendant Custody PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS FOR LACK OF VENUE PURSUANT TO PA.R.C.P.I006 AND l028(A)(1) NOW COMES the Defendant, Petitioner herein, Trenton L. Shields, by and thru his attorneys, Carol A. Redding, Esquire, and sets forth the following in support of Preliminary Objections: I. On Friday, October 7, 2005, the Petitioner caused to be filed a Petition for Custody in Franklin County, Pennsylvania and docketed to F.R. 2005-2890. Said Petition was scheduled to be heard by the Franklin County Court, President Judge John R. Walker, on Thursday, October 13, 2005 at 8:30 a.m. Notice of said presentation was forwarded to the Respondent, Stacey Shipp, on October 7, 2005 by First Class Mail, Postage Pre-paid and received by the Respondent on October 8, 2005. 2. On Friday, October 7,2005, the Respondent caused to be filed a Petition for Custody in the Cumberland County Court and docketed to the above captioned case and cause number. Said Petition was received by the Petitioner's counsel on Tuesday, October II, 2005 via facsimile from Respondent's counsel. No service has been made directly on the Petitioner as ofthe date of this filing. 3. P A.R.C.P. 1915.2 provides that the county where the children have resided the last six months is the proper venue to bring a custody action. 3. PA.R.C.P. 1915.2(2) also provides that other factors can be considered in showing that venue is proper where it is in the best interest of the child because the children and his parents have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training, and personal relationships. 4. The Cumberland County Court of Common Pleas is not the proper venue for the following reasons: A. the minor child has been a resident of Franklin County since March,2005. B. The Petitioner, who is and has been a primary caretaker of the minor child since March, 2005 has been a resident of Franklin County since 1985. C. The Respondent was a resident of Franklin County until September 14, 2005. D. The Respondent has only resided in Cumberland County for less than 30 days, and therefore the occurrence out of which this cause of action arose was and is not Cumberland County. E. The Respondent removed the child, Amara L. Shields, from Franklin County without the Petitioners permission and was in possession of the child for venue purposes for only 23 days when the custody action was filed in Cumberland County. F. The minor child, Amara L. Shields, is treated by her regular pediatrician, Dr. Paul Quisenberry with Cumberland Valley Medical Center, Franklin County. G. The minor child, Amara L. Shields, attends Magic Years Daycare since May, 2005 in Franklin County. All of her records, teachers, and other witnesses who would testify to her well-being are located in Franklin County. H . The minor child, Amara L. Shields, has had daily contact with her paternal grandparents, both of whom would have information as to the well-being and factors affecting the best interest and welfare of Amara, and who reside in Franklin County. I. Since the Respondent removed Amara from Franklin County, Petitioner has continued to exercise at least equal/shared time and custody of Amara in Franklin County. J. The Respondent's current address is not a permanent address as it is only for the purpose of attending Shippensburg University as a student and will only be in place until May, 2006 when the Respondent will move from this address to another location. WHEREFORE, Petitioner requests this Honorable Court to Dismiss the Custody Complaint filed by the Respondent for lack of V enue. Respectfully submitted, ~CULcW Q ~ Carol A. Redding, Esquire Attorney for Petitioner Trenton L. Shields Attorney No: 82041 REDDING LAW OFFICES 19 North Main Street Charnbersburg, P A 1720 I 717-267-1440 CERTIFICA TE OF SERVICE On this 31" day of October, 2005, I, Carol A. Redding, Esquire, hereby certifY that I have served a copy of the foregoing document by depositing same in the United States First Class Mail, postage prepaid, in Chambersburg, Pennsylvania, to the person and address indicated below: James G. Nealon, III, Esquire NEALON GOVER & PERRY 2411 N. Front Street Harrisburg, P A 17110 Co_~~ 0-- O~d~ Carol A. Redding, Esquire ~L~ REDDING LAW OFFICES 19 North .Main Street Chambersburg, P A 17201 (717) 267-1440 I verilY that the statements set forth in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. DATE: 101"'\\05 . , u /JtUk _ Trent Shields o ~~ -cO'. rnr'-'. ;:~J~\ -;7'" U) I" -<." r- C-' ~~, ~ ,...., C? c') <f' ~ Cl ..::. - o -n ~~, .-n 13lt '~S.f) "'1" " {):::d: "7( ~ .-f'rI ~ ':P ;...c; -0 "% ~ Cl - IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY STACEY SHIPP, Civil Action - Law Plaintiff vs No. 05-5291 TRENT SHIELDS, Defendant Custody PETITION FOR CHANGE OF VENUE AND STAY OF CUSTODY PROCEEDINGS PENDING RESOLUTION OF PRELIMINARY OBJECTIONS NOW COMES the Defendant, Petitioner herein, by and thru his attorney, Carol A. Redding, Esquire, and sets forth the following in support of his Petition for Change of Venue and Stay of Custody Proceedings Pending Resolution of Preliminary Objections: I. Petitioner is Trenton L. Shields, 938 N. Franklin Street, Chambersburg, Franklin County, Pennsylvania. 2. Respondent is Stacy L. Shipp, 491 E. Neff Street, Apartment 2, Shippensburg, Cumberland County, Pennsylvania. 3. The parties are the parents of one minor child, Amara L. Shields, Age 9 months, date of birth, January 28, 2005, who has lived with the Petitioner and Respondent since birth until September 14, 2005 at which time the Petitioner and Respondent began exercising shared time of the minor child. 4. On or about September 14,2005, the Respondent removed the minor child, Amara L. Shields, from Franklin County after the Petitioner was informed that the Respondent did not want to live with the Petitioner any longer. Petitioner was advised of this development while away from home on September 14,2005. 5. On Friday, October 7, 2005, the Petitioner caused to be filed a Petition for Custody in Franklin County, Pennsylvania and docketed to F.R. 2005-2890. Said Petition was scheduled to be heard by the Franklin County Court, President Judge John R. Walker, on Thursday, October 13, 2005 at 8:30 a.m. Notice of said presentation was forwarded to the Respondent, Stacey Shipp, on October 7, 2005 by First Class Mail, Postage Pre-paid and received by the Respondent on October 8, 2005. 6. On Friday, October 7,2005, the Respondent caused to be filed a Petition for Custody in the Cumberland County Court and docketed to the above captioned case and cause nwnber. Said Petition was received by the Petitioner's counsel on Tuesday, October 11,2005 via facsimile from Respondent's counsel. No service has been made directly on the Petitioner as ofthe date of this filing. 7. The action filed on August 27,1999 was in response to the Petitioners refusal to allow a permanent move of the minor child, Heather M. Bianco, to Mercer County. 6. PA.R.C.P. 1915.2 provides that the county where the children have resided the last six months is the proper venue to bring a custody action. 7. PA.R.c.P. 1915.2(2) also provides that other factors can be considered in showing that venue is proper where it is in the best interest of the child because the children and his parents have a significant connection with the county and there is available within the county substantial evidence concerning the child's present or future care, protection, training, and personal relationships. In the case at hand, the following significant contacts in Franklin County exist: A. The minor child has been a resident of Franklin County since March, 2005. B. The Petitioner, who is and has been a primary caretaker of the minor child since March, 2005 has been a resident of Franklin County since 1985. C. The Respondent was a resident of Franklin County until September 14, 2005. D. The Respondent has only resided in Cumberland County for less than 30 days, and therefore the occurrence out of which this cause of action arose was and is not Cumberland County. E. The Respondent removed the child, Amara L. Shields, from Franklin County without the Petitioners permission and was in possession of the child for venue purposes for only 23 days when the custody action was filed in Cumberland County. F. The minor child, Amara L. Shields, is treated by her regular pediatrician, Dr. Paul Quisenberry with Cumberland Valley Medical Center, Franklin County. G. The minor child, Amara L. Shields, attends Magic Years Daycare since May, 2005 in Franklin County. All of her records, teachers, and other witnesses who would testify to her well-being are located in Franklin County. H. The minor child, Amara L. Shields, has had daily contact with her paternal grandparents, both of whom would have information as to the well-being and factors affecting the best interest and welfare of Amara, and who reside in Franklin County. I. Since the Respondent removed Amara from Franklin County, Petitioner has continued to exercise at least equal/shared time and custody of Amara in Franklin County. J. The Respondent's current address is not a permanent address as it is only for the purpose of attending Shippensburg University as a student and will only be in place until May, 2006 when the Respondent will move from this address to another location. 8. A Pre-Hearing Custody Conference has been requested by the Respondent. 9. The conference is premature as Preliminary Objections have been filed in the instant matter in the nature of a Motion To Dismiss for Lack of Venue. WHEREFORE, the Petitioner respectfully requests that the Complaint in Custody filed by the Respondent be dismissed or, in the alternative, that the Conciliation conference and all other custody proceedings be stayed pending a hearing and decision on the Preliminary Objections for Lack of Venue. Respectfully submitted, C.ax a..Q CJc. Q 12d cJ.--<. ,.~ Carol A. Redding, Esquire -~ Attorney for Petitioner Trenton L. Shieldds Attorney No: 82041 REDDING LAW OFFICE 19 North Main Street Chambersburg, P A 17201 717-267-1440 CERTIFICATE OF SERVICE On this 31 ~ day of October, 2005, I, Carol A Redding, Esquire, hereby certifY that I have served a copy of the foregoing document by depositing same in the United States First Class Mail, postage prepaid, in Chambersburg, Pennsylvania, to the person and address indicated below: James G. Nealon, III, Esquire NEALON GOVER & PERRY 2411 N. Front Street Hanisburg, P A 17110 (~CLu:0.. lL ~~ Carol A Redding, Esquire REDDING LAW OFFICES 19 North Main Street Chambersburg, P A 17201 (717) 267-1440 I verifY that the statements set forth in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE.~ ~j Ji,1IJj l'rent . elds ~ IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNT\': _ ~~ _ ,,":CElVEDI STACEY SHIPP, : Civil Action - Law NOV 0 4 2005 Plaintiff BY: Mlll,- vs No. 05-5291 TRENT SHIELDS, Defendant Custody ORDER OF COURT AND NOW, this CjfIJ day ofJJIQVt...rnJ fit , 2005, upon presentation and consideration of the within Petition For Change of Venue and Stay of Custody Proceedings, IT IS HEREBY ORDERED AND DECREED that a hearing will be held on the within Petition for Transfer of Venue on the )31t.t/;.y of /.K) ytrrJ~005 atJ;.!~clockrm~, in Courtroom number 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the Plaintiff/Respondent shall appear to present any evidence to show why the requested Relief should not be granted to the DefendantlPetitioner. IT IS FURTHER ORDERED that pending such hearing all Custody Proceedings currently pending in the above captioned matter be STAYED until further order. J. 51 :11 l) I I, "IJ f'1107 .1"...11'J,-,U\.l At:\liCi':":: (/'d 3H1 :10 j~lU)'J-(ljl1::! D Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5291 CIVIL TERM STACEY SHIPP, v. CIVIL ACTION - LAW TRENT SHIELDS, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION -- AND NOW, this l.f.--- day of that, following a conference with Judge Guido, relinquishes jurisdiction of the above captioned matter. , 2006, the Conciliator having been informed parties had reached an agreement, hereby FOR Tj2RT !s:vU- f!. /~ Melissa Peel Greevy, Esquire Custody Conciliator Dist: Carol A. Redding, Esquire. 19 North Main Street, Chambersburg, PA 17201 James G. Nealon. III, Esquire. 2411 North Front Street, Harrisburg. PA 17110 . ,(..<UM .~ . I ,;;. /0' 0 {. ~ :268399 L:j : I lId 0 I H:! SGOZ _I~, C1G